# Terms & Conditions

FLARE FIRE Terms & Conditions

Last Updated: 8/1/2023

Introduction

These Terms and Conditions constitute the legally binding User Agreement and Terms of Service (hereafter referred to as the "Terms & Conditions") between FLARE FIRE (the "Platform"), owned and operated by FLARE FIRE (referred to as "FLARE FIRE" or the "Site"), and any individual, customer, or entity (referred to as the "User") utilizing the Platform and its related services, features, and products (collectively known as the "Platform Services"). It is essential to understand that these Terms & Conditions do not establish any agency, partnership, or joint venture between FLARE FIRE and the User.

By creating an account on the Platform or any associated websites, APIs, or mobile applications, the User expressly acknowledges, agrees, and consents to be bound by these Terms & Conditions. Please note that these Terms & Conditions may be modified and updated at any time at FLARE FIRE's sole discretion. The revised versions will become effective from the date and time they are posted on the Platform Site. FLARE FIRE reserves the right to decide whether or not to notify the User via email with a summary of changes, or by updating the date near the top of the Terms & Conditions. Irrespective of whether such notification is sent, any updates to the Terms & Conditions shall be deemed effective as of the time and date posted on the Platform Site.

By continuing to access or use the Platform Services, you, as the User, confirm and consent to be bound by any revised Terms & Conditions and all the incorporated terms referenced therein. We encourage the User to review these Terms & Conditions frequently. If the User does not agree to any updated terms included in the Terms & Conditions, the User may not use the Platform.

Privacy Policy

We urge the User to refer to the FLARE FIRE Privacy Policy for comprehensive information on how the Platform collects, uses, and shares personal information about the User. While the terminology used in the Privacy Policy may differ from that used herein, all the terms apply to the User under this agreement.

Acceptance of Terms & Conditions

BEFORE USING THE PLATFORM, PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THESE TERMS & CONDITIONS GOVERN YOUR USE OF THE PLATFORM, AND BY USING THE PLATFORM, YOU HEREBY AFFIRM THAT YOU UNDERSTAND AND ARE LEGALLY BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO A CONTRACT ON BEHALF OF SAID COMPANY OR LEGAL ENTITY, AND YOU THEREBY ACCEPT THESE TERMS ON BEHALF OF THE SAME. IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE THE AUTHORITY TO DO SO, YOU MAY NOT USE THIS PLATFORM.

Nature of the Platform

FLAREFIRE is not a wallet provider, exchange, broker, financial institution, or creditor. Instead, FLAREFIRE offers a peer-to-peer web3 service that facilitates direct interactions between users and NFTs available on public blockchains. Please note that FLAREFIRE does not have custody or control over NFTs or blockchains with which you interact, nor does it carry out or execute purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet that enables you to engage in transactions on blockchains.

User Responsibilities

The Platform merely serves as a facilitator and is not a party to any agreement between users. As a User, you bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs purchased from third-party sellers using the Service. FLAREFIRE makes no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (or any content associated with such NFTs) visible on the Service. Additionally, you are solely responsible for verifying the legitimacy, accuracy, and authenticity of any offers you receive on NFTs and ensuring the value of any offers you receive on your NFTs from third-party users.

Risk Disclaimer

The Platform enables Users to buy and sell Platform Assets (as defined below) through Platform Auction (as defined below). However, any purchase or sale made via the Platform, Platform Auction, or any means other than the Platform or Platform Auction, or any products, features, and services provided thereon, is entirely at your own risk. Even if said purchase involves Platform Assets or uses the Platform Auction, neither the Platform nor FLAREFIRE will indemnify or hold the User harmless for such purchase/auction, nor do we owe any legal duty or obligation to the User. As a User, you bear full responsibility for verifying the identity, legitimacy, and authenticity of Platform Assets purchased on the Platform, via Platform Auction, or through any other means. FLAREFIRE and the Platform make no representations regarding the identity, legitimacy, or authenticity of Platform Assets.

Platform Auction and Wallet Extensions

A User may participate in a Platform Auction only through the use of any allowable third-party electronic wallet extensions ("Wallet Extensions"). It is important to note that FLARE FIRE reserves the right to unilaterally determine which extensions may be linked to the Platform. However, FLARE FIRE will never take custody or control over any Platform Assets. The Platform itself does not store, send, or receive any Platform Assets; such transactions are directly facilitated by the Wallet Extensions. All Users are bound and obligated by the terms and conditions or terms of service required by any Wallet Extensions. Furthermore, the Platform does not offer any User the ability to exchange one form of currency for any other form of currency (fiat or digital), and it is not a custodian, exchange, or money transmitter.

Should you, as a User, continue to use the Platform and its related services, you are expressly agreeing to these legally binding Terms & Conditions in their entirety. It is recommended that you review these Terms & Conditions periodically to stay informed of any changes. If you do not agree with these Terms & Conditions or any future modifications thereto, your sole recourse is to discontinue using the Platform and its services.

PLATFORM SERVICES.

The Platform provides Users with the ability to sell and purchase Platform Assets (as defined below) via Platform Auction (as defined below).

1.1 Platform Assets. Platform Assets refer to non-fungible tokens ("NFTs"), created and implemented on the Flare network, or other blockchain network(s) that the Platform allows, by the way of smart-contract or otherwise.

1.2 Platform Auction. Platform Auction refers to the sale and/or auction mechanism supported by the Platform in which Platform Assets are made available for purchase, sale, and otherwise by FLARE FIRE and Users. FLARE FIRE reserves the right to publish a guide and/or rules surrounding the Platform Auction at any time. Said rules, if created, will be incorporated into these Terms & Conditions by reference. All transactions that take place via Platform Auction are initiated and fulfilled by way of Wallet Extensions and decentralized blockchain technology.

USER OBLIGATIONS.

2.1. Log-in Credentials. The User represents and warrants that the User is responsible for the preservation of confidentiality of the User’s login credentials (if any) on the Platform and any other login for the Platform. Login credentials generated for the User by the Platform are for the User’s internal use only. The User is strictly prohibited from selling, transferring, or sub-licensing them to any other entity or person. The User is solely responsible for preserving the confidentiality of the User’s Wallet Extension, private and public keys, and any other information required to import a Wallet Extension.

2.2. Blockchain Network Risk. The User represents and warrants that the User accepts all risks of the blockchain protocol and network, including instability, congestion, high transaction costs, network latency, information security, regulatory risk, technological and operational error. The User understands these risks may result in delays or failure to process transactions and potentially high blockchain transaction fees or third party fees. The User represents and agrees that the Platform (including FLARE FIRE) is not responsible for any diminished Platform Services, related features, or capabilities resulting from blockchain network risk. In the event of a material increase or decrease to blockchain transaction fees, third party fees, or operational degradation, congestion, failure, or other disruption of the blockchain network used by the User, FLARE FIRE or the Platform may, at its sole discretion and upon notice to the User, make any adjustments to the Platform Services.

2.3. Blockchain Modification Risk. The User represents and warrants that the User is familiar with and accepts the risks associated with blockchain development and code changes. Blockchain technologies are still under development and may undergo significant changes over time. Blockchain contributors may make changes to the features and specifications of the algorithm selected by the User. Such changes may include or result in the elimination of support for specific algorithms and applications.

2.4. Trade Compliance. User shall comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to European Union, U.S. and U.A.E. companies, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control and the European Union’s Common Foreign and Security Policy (collectively, “Trade Sanctions Laws”). The User represents and warrants that the User and the User’s financial institutions, or any party that owns or controls the User or the User’s financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign as Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, the United Arab Emirates (e.g. UAE National List of Terrorist Individuals and Entities (in compliance with Cabinet Resolution No. 20 of 2019) or other applicable government authorities.

2.5 Ownership Restrictions. User acknowledges and agrees that FLARE FIRE, the Platform, any content creator, or third party contact provider (or, as applicable, any licensors) own all legal right, title, and interest in and to all elements of their respective intellectual property rights therein. The visual interfaces, graphics (including, without limitation, all art and drawings associated), design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of any content provided on the Site, FLARE FIRE, or the Platform are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All such intellectual property is the property of its owners or licensors, and all trademarks, service marks, and trade names are proprietary to its owner or licensors. Except as expressly set forth herein, the use of the Platform Services and the Platform does not grant User any ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform.

2.6 Children. USER AFFIRMS HE/SHE IS OVER THE AGE OF 18, AS THE PLATFORM AND PLATFORM SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 18.

2.7 Responsibility for Conduct. The User takes responsibility for all activities that occur for its use of the Platform Services, and the User accepts all risks of any authorized or unauthorized access to the Platform Services, to the maximum extent permitted by law. The User represents and warrants that the User is familiar with and accepts the risks associated with digital applications and private keys, including the risks described herein. The User is solely responsible for its own conduct while accessing or using the Platform Services and for any consequences thereof. The User agrees to use the Platform Services for purposes that are legal, proper, and in accordance with these Terms & Conditions and any applicable laws or regulations. By way of example, and not as a limitation, the User may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make available through the Platform Services any content that infringes the intellectual proprietary rights of any party; (v) use the Platform Services to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ enjoyment of the Platform or attempt to defraud other users on the Platform; (viii) exploit the Platform for any unauthorized commercial purpose (including, but not limited to the sale of fraudulent Platform Assets); (ix) modify, adapt, translate, or reverse engineer any portion of the Platform Services; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xi) reformat or frame any portion of the Platform; (xii) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; or (xiv) create user accounts by automated means or under false or fraudulent pretenses.

2.8 Representations Made By User. The User acknowledges and agrees that the Platform Assets ARE NOT being sold as an investment by, or of FLARE FIRE nor the Platform.

3. ACCOUNT REGISTRATION AND COMMUNICATION.

3.1 Flare Fire Account Creation. The User assures the accuracy and truthfulness of all provided information during the Flare Fire account creation process. If any changes occur in this information, the User agrees to promptly update it on the Platform. The User commits not to create multiple accounts while the initial account is active, refrain from buying, selling, or leasing the account, sharing it, or linking it with unauthorized third-party sites or individuals.

3.2 Changes in Registration Requirements. Flare Fire reserves the right to modify registration requirements at any time due to legal or regulatory reasons or for any other valid purpose. In such cases, Flare Fire may request additional information or documentation from the User. Failure to respond timely or provide the required details within a timeframe determined at Flare Fire's discretion may result in temporary suspension of the User's account or transaction capabilities until the request is fulfilled, as deemed appropriate by Flare Fire.

3.3 Communication. We will deliver legally required disclosures, notices, and other relevant information concerning your Flare Fire account electronically. This may include posting on our website, sending push notifications through the Platform, or emailing the address specified in your Flare Fire account or as otherwise provided to Flare Fire. These electronic communications hold the same significance as if they were provided as paper copies. They are considered received within twenty-four (24) hours of being posted on our website or emailed, unless we receive notification of non-delivery. If you wish to revoke your consent for electronic communications, please contact support. In the event we are unable to accommodate your request, you may need to terminate your Flare Fire account.

4. TERMINATION.

4.1. General. Flare Fire retains the right to immediately suspend or terminate the User's access and use of Platform Services without prior notice in the following situations: (i) Flare Fire perceives that the User's use of the Platform Services poses security risks to the Platform Services, third parties, or may harm Flare Fire, its affiliates, or other users, or is potentially fraudulent; (ii) the User breaches these Terms & Conditions; (iii) the User initiates a chargeback or dispute concerning any payment or purchase related to Platform Services; (iv) the User ceases regular operations, undertakes creditor assignments, or undergoes bankruptcy, reorganization, liquidation, dissolution, or similar proceedings; (v) the User creates or lists false items; (vi) the User accesses the Platform from a country sanctioned by the United States, the European Union, or the United Arab Emirates; (vii) the User places misleading bids or offers; (viii) the User engages in spam activities such as listing items inappropriately; or (ix) for any other reason determined solely by Flare Fire at its discretion.

4.2. Consequences of Suspension or Termination. If Flare Fire suspends or terminates the User's access to Platform Services at any time and for any reason, neither Flare Fire nor the Platform shall be liable or obligated to the User, and the User will not be entitled to any refunds or damages.

5. PUBLICITY.

The User is authorized to publicly declare itself as a customer or user of Flare Fire, adhering to any trademark guidelines established by Flare Fire from time to time. The User agrees to abide by Flare Fire's Privacy Policy and code of conduct.

6. REPRESENTATIONS AND WARRANTIES.

Each party guarantees that: (i) it possesses full authority and power to enter into these Terms & Conditions; and (ii) it will comply with all relevant laws and regulations related to the provision or use of Flare Fire Services.

7. LICENSE TO ACCESS PLATFORM SERVICES AND PLATFORM ASSETS. Upon purchasing a Platform Asset, the User acquires complete ownership of the underlying NFT, granting them the freedom to sell or gift it. Subject to continuous adherence to the Terms & Conditions, the User is provided with a worldwide, non-exclusive, non-transferable, royalty-free license to use and display the Platform Asset solely for the following purposes (where the Platform has the right to offer the same): (1) personal, non-commercial use by the User; (2) participation in the Platform Auction facilitating the purchase and sale of Platform Assets, or; (3) involvement in a third-party marketplace or application that enables the User to transfer their Platform Asset.
8. DISCLOSURES & RISKS. 8.1 Notification. FLARE FIRE notifies each User about specific disclosures and risks associated with blockchain, NFTs, and cryptocurrency, along with their related technology and protocols. Platform Services are not considered investment products, and under no circumstances should any action, notice, communication by any means, or omission by FLARE FIRE be construed as such. FLARE FIRE has no control over any blockchain integrated into the FLARE FIRE Platform, including transactions and consensus protocols, NFTs, or Wallet Extensions. Owning an NFT or using Platform Services does not imply ownership rights, stakes, shares, securities, debts, or similar privileges. Additionally, owning NFTs does not entitle the User to receive any form of revenue from participating in or related to any blockchain or digital reward, including those on the FLARE FIRE blockchain.

8.2 NFTs. NFTs are not considered legal tender and are not issued or backed by any government, offering fewer regulatory protections compared to fiat currency. Furthermore, NFTs are not insured against theft or loss by any insurance corporation or investor protection agencies, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

8.3 Market Risk. The value of NFTs depends on supply and demand in the global marketplace, which can fluctuate independently of any government currency. Holding NFTs entails exchange rate and other forms of risk. NFT values may rely on the continued willingness of market participants to exchange traditional government currency for NFTs, potentially leading to a permanent and complete loss of value for a particular NFT if the market ceases to exist. The price and value of NFTs compared to government currency can be highly volatile and unpredictable, resulting in significant losses within a short period. FLARE FIRE cannot guarantee or warrant the value of any NFT or blockchain, including the FLARE FIRE blockchain and Platform Assets, and explicitly advises Users that there is no assurance that any NFT or blockchain asset will appreciate in value, and it may even lose value entirely.

8.4 Regulatory Risk. Legislative and regulatory changes or actions at the local, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual NFTs. The regulatory status of cryptographic tokens, digital assets, and blockchain technology is uncertain or unresolved in many jurisdictions, making it difficult to predict how or whether governmental authorities will regulate such technologies. Changes to existing laws, regulations, and rules that impact cryptographic tokens, digital assets, blockchain technology, and their applications could negatively impact the Platform Services in various ways. In response to governmental actions that make it unlawful or commercially undesirable, FLARE FIRE may cease distribution, development of the Platform, or operations in a jurisdiction. The industry in which FLARE FIRE operates is relatively new and may face increased oversight and scrutiny, including investigations or enforcement actions. Governmental, quasi-governmental, regulatory, or similar authorities may examine the operations of FLARE FIRE and potentially pursue enforcement actions, which could lead to judgments, settlements, fines, or penalties, and may cause restructuring of operations or the discontinuation of certain products or services, negatively affecting the Platform Services.

8.5 Technology Risk. Virtual NFT and blockchain transactions may be irreversible, and losses resulting from fraudulent or accidental transactions may be unrecoverable. Certain virtual transactions are considered made upon recording on a public ledger, which might not correspond to the date or time the User initiated the transaction. The nature of such virtual transactions increases the risk of fraud or cyber-attacks.

9. DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS & CONDITIONS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLARE FIRE, ITS AFFILIATES, AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLARE FIRE, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR DELETION, FAILURE TO STORE, OR ANY LOSS OF USER DATA, INCLUDING BLOCKCHAIN DATA, NFTs, AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH THE USE OF PLATFORM SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING THEIR CUSTOMER DATA AND PLATFORM ASSETS. FLARE FIRE, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF PLATFORM SERVICES, FLARE FIRE BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE ERROR-FREE OR UNINTERRUPTED. FLARE FIRE, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.
10. LIMITATION OF LIABILITY. 10.1. Limitation of Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLARE FIRE SHALL NOT BE LIABLE TO THE USER UNDER THESE TERMS & CONDITIONS FOR LOST REVENUES, OPPORTUNITY COSTS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FLARE FIRE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO VIOLATIONS OF FLARE FIRE'S INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION OBLIGATIONS, OR THE USER'S PAYMENT OBLIGATIONS.

10.2. Limitation of Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FLARE FIRE NOR ITS AFFILIATES OR SUPPLIERS MAY BE HELD LIABLE UNDER THESE TERMS & CONDITIONS FOR MORE THAN THE AMOUNT PAID BY THE USER TO FLARE FIRE UNDER THESE TERMS & CONDITIONS FOR THE 12-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, MINUS ANY REWARDS GENERATED OR RECEIVED BY THE USER AS A RESULT OF THE USE OF FLARE FIRE SERVICES.

11. INDEMNIFICATION. Unless prohibited by applicable law, the User shall defend and indemnify FLARE FIRE and its affiliates against any settlement amounts approved by the User and damages and costs finally awarded against the User and its affiliates by a court of competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding) to the extent arising from the User’s use of FLARE FIRE Services.
12. MISCELLANEOUS. 12.1. Assignment. The User shall not assign or otherwise transfer the User’s rights and obligations under these Terms & Conditions without the prior written consent of FLARE FIRE, which may be withheld. Any assignment or transfer in violation of this section shall be void. At any time and without the need for the User’s consent, FLARE FIRE may assign any obligation, right, and these Terms & Conditions. Subject to the foregoing, these Terms & Conditions shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. The User may not merge these Terms & Conditions with any other agreements with which FLARE FIRE may be a party. 12.2. Disputes. Any dispute, controversy, difference, or claim arising out of or relating to these Terms & Conditions or relating in any way to the User’s use of FLARE FIRE sites or FLARE FIRE Services, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms & Conditions shall be subject to the jurisdiction of the courts of the Dubai International Financial Centre. The User and FLARE FIRE consent to personal jurisdiction in those courts. Notwithstanding the foregoing, FLARE FIRE and the User agree that FLARE FIRE may bring suit in any court of law to enjoin infringement or other misuse of FLARE FIRE's intellectual property rights. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER ACKNOWLEDGES THAT, BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. 12.3. Entire Agreement. These Terms & Conditions set out all the terms agreed between the parties and supersede all other agreements between the parties relating to their subject matter. In entering into these Terms & Conditions, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly set out in these Terms & Conditions. These terms may be updated on FLARE FIRE sites. 12.4. Force Majeure. FLARE FIRE and its affiliates shall not be liable for any failure or delay in performance of obligation under these Terms & Conditions where the failures or delay results from any cause beyond reasonable control, including, but not limited to, acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities, or other telecommunications failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Force Majeure events include, but are not limited to, upgrades to the validation rules of a given blockchain (e.g., a “hard fork” or “soft fork”). 12.5. Governing Law. Any claim or dispute between the User and FLARE FIRE arising out of or relating to the User’s use of FLARE FIRE sites, Platform Services, or these Terms & Conditions, in whole or in part, shall be governed by the laws of the Dubai International Financial Centre, without respect to its conflict of laws provisions. The 1980 United Nations Conventions on Contracts for the International Sale of Goods does not govern these Terms & Conditions. 12.6. Language. All communications and notices made or given pursuant to these Terms & Conditions must be in the English language. If we provide a translation of the English language version of these Terms & Conditions, the English language version will control if there is any conflict. 12.7. Notices to the User and FLARE FIRE. FLARE FIRE may provide any notice to the User under these Terms & Conditions by: (i) posting a notice on the Site; or (ii) sending a message to the email address associated with the User’s account. Notices provided on the Site shall be effective upon posting. Notices provided by email shall be effective when the email is sent. It is the User’s responsibility to keep the User’s email address current. To give FLARE FIRE notice under these Terms & Conditions, the User must contact FLARE FIRE by <flarefireofficial@gmail.com> FLARE FIRE may update the address for notices by posting on the Site. 12.8. Severability. If any portion of these Terms & Conditions is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect.
